The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1887-03-11
Supreme Court.

WEDNESDAY, March 9th.
The Court in banco rendered its de-
cision affirming the decree filed by Judd,
c. J., in the libel between the Pacific
Navigation Co. and Samuel c. Allen,
owners OF the steamer j. l. Do Hsett and
schooner Moi Wahine respectively. The
Court holds the Moi Wahine blameless
in the manRuvre performed in the
changing of her course when the COLI
sion was inevitable, and blames the
steamer James l. Dowsett in not keep
ing a proper lookout at the time when
it was expected that she would meet
other vessels in the Molokai channel
The decision was written by Preston, j.,
and is signed by all the Justices except
Judge BickertOn, who was one OF the
counsel in the matter before his eleva-
ton 10 the Supreme Rench.
BEFORE PRESTON, J.
Thomas O.. Thrum vs.. PACIFIC Com
MERCIAL ADVERTISER Co. and r. j.
Creighton. Hearing on plaintiffs mo-
ton for reopening OF the case. The al
fidavit which accompanied motion
showed that notice of the granting of
the copyright was published in the ''Ha-
waiian Gazette" newspaper from De
cember 8, 1879, to January %, 1880 in
elusive, nine issues. His Honor held
that even including the first and last
days, the law had not been complied
with This was a penal statute. 1t i'm
posed penalties for infringement OF GER
tain rights accruing under it; but the
law was specific that before anyone
could claim to be entitled to benefit by
it he must do certain things, one of
which was to make publication for two
calendar months within a reasonable
time after a license had been granted.
His Honor was clearly OF opinion that
the requisite publication had not been
made, and pointed out how a nearer
compliance with the law might have
been accomplished even with the week
ly publication then available. Motion
overruled, and exceptions noted. l.. A.
Thurston and A c.. Smith for plaintiff,
Hatch, Whiting & Creighton for defend
ant
In the case of J. Fl. Wood VS.. B. F.
Dillingham;, His Honor the Chief JUS
tice filed an opinion, ordering an amend
ment to the Masters report, tO-wit, that
the value of the permanent improve |
ments put upon plaintiffs land be the |
sum of $3.50 20, to be paid by him to
defendant, who elected to give up said |
land and to take value of his improve
ments. The Master, in his report, as
sessed the improvements at 81, go 20. !
w. A. Kinney for plaintiff, F. NJ. Hatch |
for defendant.
In the equity suit of Vim Quon VS.. A.
J. Cartwright, guardian of the Holt |
minors, demurred to on the ground that |
the complaint contains no equities to
entitle plaintiff TO an answer from the
defendant. His Honor Mr.. Justice
Preston filed an opinion, overruling de
murrer and ordering defendant to ans
wer over in IA days. This is q suit
where the plaintiff is tenant and defend
ant landlord of piece of land in the
DuiHC uI0'IIOC, -""uI11AOH 9t10V', OH0-
half of which had been appropriated by
the Government for road purposes.
Plaintiff prays for an apportionment OF
the rent, which defendant as alleged re.
fuses, but claims the full amount Of
rent. Ashford & Ashford for plaintiff,
w. A. Kinney for defendant.
BEFORE M'cULLY, J.
In probate, guardianship of Chung
Moy, a Chinese girl. After a rehearing,
it was ordered that the appointment OF
William White, of Hilo, as guardian OF
ency A. Rosa for petitioner, j. NJ. Poe
poe for respondent.